The Commissioner General of Police and Others v Joseph Mutawu and Joseph Mutawu v The Commissioner General of Police and Others

HH 718-18

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Case Details

Court

Harare High Court

Date

7 November 2018

Citation

HH 718-18

Neutral Citation

[2018] ZWHH 718

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Administrative lawPolice lawConstitutional law

Keywords

Board of Inquiry (Desertion)Natural justiceSection 68 of ConstitutionPolice dischargeCondonation

Key Issues

{"issue_text":"Whether the court should grant condonation for late filing of notice of opposition","issue_type":"procedural","dispositive":"no","related_facts":"Notice filed 12 days late, explanation of delay"}
{"issue_text":"Whether the Board of Inquiry (Desertion) procedure violated principles of natural justice by not serving the applicant with convening order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant not served, whereabouts unknown, section 68 Constitution"}
{"issue_text":"Whether the decision to discharge the applicant from police force should be set aside","issue_type":"administrative","dispositive":"yes","related_facts":"Discharge without hearing, procedural fairness"}

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Facts of the Case

Background

The applicant in HC 6101/17, a police sergeant, was discharged from the police force after being absent without leave for 21 days. A Board of Inquiry (Desertion) was convened without his knowledge as his whereabouts were unknown, and he was declared a deserter. He challenged the discharge arguing violation of natural justice principles as he was not served with the convening order. The respondents sought condonation for late filing of their opposition.

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